Workplace discrimination law in New South Wales is regulated by various state and federal legislation, including the Fair Work Act 2009, the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, the Sex Discrimination Act 1984 and the Anti-Discrimination Act 1977 (NSW).
Ultimately, if someone has been treated less favourably at work than others because of any of the following identifiable attributes, then they have been discriminated against and may be eligible to take action. The identifiable attributes include:
- nationality;
- age;
- race;
- sex;
- sexuality or gender identity;
- pregnancy or breastfeeding;
- trade union or industrial activity;
- disability or impairment, including physical and psychological impairment, even if temporary;
- family responsibilities;
- parental status;
- political belief or activity;
- religious status; or
- association with, or relation to, a person identified on the basis of any of the above attributes.
There are a number of key exceptions to the general rule of discrimination, and it is vital that you have an experienced solicitor carefully consider the facts and circumstances of your case.
Importantly, a person who suffers discrimination does not have to be dismissed to make a claim.
Claims can be made to the Australian Human Rights Commission, the Anti-Discrimination Board or the Fair Work Commission. Time limits apply to most complaints so advice should be sought as soon as possible. Contact James Blaxland, today.
